1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

1. Basic facts

A. From August 2012 to December 2014, the Plaintiff and Defendant B engaged in a business of constructing multi-household houses (hereinafter “instant Dong business”) through three times from the Incheon Bupyeong-si and the Do Government to the Dong business (hereinafter “instant Dong business”). Defendant C was the father of Defendant B, who was the title holder of the said three-time Dong business.

B. On December 17, 2013, the Plaintiff, Defendant B, and Nonparty D purchased three parcels of land from Nonparty E, and D acquired the ownership of G, in Chungcheongnam-nam Budget-gun F, and the Plaintiff respectively. On December 24, 2013, the transfer registration was completed in Defendant C’s name with the transaction price of KRW 31,128,000 on the H large 823 square meters (hereinafter “instant land”).

C. On December 17, 2013, the Plaintiff paid to E a total of KRW 96,30,000,000 as the purchase price of land on three parcels as stated in the said paragraph, and KRW 4,609,860 as the total of the fees for a certified judicial scrivener, including the acquisition tax of each of the above parcels of land, to Nonparty I, a certified judicial scrivener (part 1,374,340 on the land in this case).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion, on behalf of the Defendants, paid the purchase price of the instant land and the fees for a certified judicial scrivener, including acquisition tax, in total to the Defendants (i.e., KRW 32,502,340 (= KRW 31,128,000). As such, the Defendants are jointly obligated to pay to the Plaintiff the said KRW 32,502,340 as well as damages for delay from December 18, 2013, following the date of payment by subrogation.

B. According to the purport of each of the statements and arguments in the evidence Nos. 1 through 5, Defendant B filed a lawsuit against the Plaintiff seeking payment of the settlement amount pursuant to the instant partnership business (the Incheon District Court 2015Gahap60128). On November 10, 2017, the above court sentenced the Plaintiff (the Plaintiff of this case) to the effect that “the Defendant (the Plaintiff of this case) shall pay KRW 239,124,792 to the Plaintiff (the Plaintiff of this case) and damages for delay,” and that the Plaintiff appealed.